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FID. NEW YORK v. AETNA INS. CO.

234 A.D.2d 261 (1996)

651 N.Y.S.2d 58

Fidelity New York, Fsb, et al., Respondents, v. Aetna Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 2, 1996

Ordered that the judgment is modified, on the law and the facts, by deleting the decretal paragraphs thereof and substituting therefor a decretal paragraph awarding the plaintiff Fidelity New York, FSB, the principal sum of $1,700,000, with prejudgment interest from December 4, 1986; as so modified, the judgment is affirmed; and it is further,

Ordered that in light of our determination of the appeal from the judgment, the appeal from the order entered June 17, 1994...

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